Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 31.
NUTRITION SERVICES
25 TAC §31.1
The Texas Department of Health (department) adopts under
federal mandate an amendment to §31.1 concerning the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC). Section 31.1(c)
adopts by reference the WIC Policy and Procedure Manual.
The amendment to the WIC Policy and Procedure Manual covers new United
States Department of Agriculture (USDA) regulations which are incorporated
into policies that were approved by USDA. The latest federal requirements
which are being incorporated into the WIC Policy and Procedure Manual by the
amendments to §31.1(c) cover food delivery regulations issued by USDA
on March 18, 1999, which must be implemented by all states not later than
May 17, 2000. The department drafted amendments to its food delivery and general
administration policies, submitted the amendments in October, 1999, for review
by the Board of Health, and subsequently received USDA final approval.
The USDA regulations primarily address national uniform vendor sanctions
for nine types of program violations. The USDA mandated several substantive
changes to the draft policies as a condition of approval. Most of the modifications
required by USDA concerned policy FD: 30.0, Vendor Contract Policy Violations,
resulting in sanctions more severe than those contained in the draft policy.
The revised policies are effective April 1, 2000, to coincide with the beginning
date of a six-month contract period for all WIC vendors. Vendors have the
choice of declining to renew their contracts.
While implementing the federal requirements into its vendor management
policies, the WIC Program also implemented discretionary sanctions which are
allowed but not mandated under the federal regulations; and simplified and
streamlined other vendor management policies by deleting and combining policies.
The state has discretionary authority to impose sanctions for violations including:
providing unauthorized brands of foods, forging participant signatures on
food instruments, not entering food prices at the time of sale, failing to
submit proof of purchase invoices within 60 days of request, issuing rain
checks, redeeming food instruments outside of the valid period, failing to
offer WIC participants the same courtesies as other customers, failing to
accept training, and seeking restitution from participants for food instrument
claims not paid by the state.
The amendment is adopted under federal mandate for the following reasons.
Under federal and state law (the Child Nutrition Act of 1966, Title 42, United
States Code, §1786; and the Texas Omnibus Hunger Act of 1985, 69th Legislature,
Chapter 150, Title II), the WIC Program is 99% federally funded and governed
by federal regulations. Funds are made available to the department by a federal
grant. The federal statute (42 United States Code, §1786), federal regulations
(7 CFR Part 246), and the federal grant (Federal-State Special Supplemental
Nutrition Program Agreement) authorize the USDA to make funds available to
the department to administer the WIC Program in the State of Texas, provided
that the department administers the program in accordance with the federal
regulations.
The amendment is adopted under Health and Safety Code, §12.001(b)
which provides the Texas Board of Health (board) with authority to adopt rules
for the performance of every duty imposed by law upon the board, the department,
and the commissioner of health; the Texas Omnibus Hunger Act of 1985, 69th
Legislature, Chapter 150, Title II, Human Resources Code, Chapter 33; the
Child Nutrition Act of 1966, 42 USC §1786; and 7 CFR Part 246.
§31.1. Special Supplemental Food Program for Women, Infants, and Children (WIC)
(a)
Federal regulations.
(1)
The department adopts by reference the United States Department
of Agriculture regulations on the Special Supplemental Food Program for Women,
Infants, and Children (WIC). These regulations are contained in the Federal
Register publication entitled "Special Supplemental Food Program for Women,
Infants, and Children" dated February 13, 1985, as amended October 4, 1993,
November 29, 1993, March 10, 1994, and March 11, 1994.
(2)
Copies of the regulations described in paragraph (1)
of this subsection are filed in the department's Bureau of Nutrition Services-Women,
Infants, and Children (WIC) Program, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756, and are available for public inspection
during regular working hours.
(b)
WIC State Plan of Operations.
(1)
The department adopts by reference the publication titled
"WIC State Plan of Operations," as amended effective October 1, 1998. This
plan has been developed by the department's WIC Program and approved by the
United States Department of Agriculture.
(2)
Copies of the state plan are filed in the department's
Bureau of Nutrition Services-Women, Infants, and Children (WIC) Program, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are
available for public inspection during regular working hours.
(c)
WIC Policy and Procedure Manual.
(1)
The department adopts by reference the publication titled
"WIC Policy and Procedure Manual," which the department developed, as amended
effective April 1, 2000 . This policy and procedure manual has been developed
by the department's WIC Program and approved by the United States Department
of Agriculture.
(2)
Copies of the manual are filed in the department's
Bureau of Nutrition Services-Women, Infants, and Children (WIC) Program, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are
available for public inspection during regular working hours.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 3, 2000.
TRD-200002401
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: April 1, 2000
For further information, please call: (512) 458-7236
25 TAC §253.1
The Texas Department of Health (department) adopts the repeal
of §253.1 concerning the incorporation by reference of federal regulations
affecting federal grants and assistance relating to environmental engineering
functions. The department adopts the repeal without changes to the proposed
text as published in the January 28, 2000, issue of the
Texas Register
(24 TexReg 526), and therefore the section will not
be republished.
This rule was adopted by the Texas Department of Health Resources (TDHR)
in 1976 to ensure eligibility for federal grants relating to environmental
protection (environmental engineering) programs. The department no longer
has authority to pursue grants contemplated by the underlying federal regulations.
Therefore, this rule has been repealed.
No comments regarding the proposed repeal were received during the public
comment period.
This repeal is adopted under the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules to implement every
duty imposed by law on the board, the department and the commissioner of health.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2000.
TRD-200002400
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: April 23, 2000
Proposal publication date: January 28, 2000
For further information, please call: (512) 458-7236
Chapter 571.
HEALTH PLANNING AND RESOURCE DEVELOPMENT
Chapter 253.
ENVIRONMENTAL ENGINEERING
Part 6.
STATEWIDE HEALTH COORDINATING COUNCIL